Rechtsfähigkeit

Rechtsfähigkeit, often translated as legal capacity or legal personality, refers to the ability of an entity to hold rights and incur obligations under the law. It is a fundamental concept in legal systems worldwide. In most jurisdictions, natural persons, meaning human beings, acquire Rechtsfähigkeit upon birth and retain it until death. This capacity allows individuals to own property, enter into contracts, sue and be sued, and generally participate in legal relationships.

Beyond natural persons, legal systems also recognize legal entities, such as corporations, associations, and foundations, as possessing Rechtsfähigkeit. These entities are granted legal personality separate from their members or founders. This separation allows them to conduct business, own assets, and be held responsible for their actions independently. The acquisition of Rechtsfähigkeit by legal entities typically occurs through a formal registration or incorporation process defined by law.

Rechtsfähigkeit is distinct from Geschäftsfähigkeit, or the capacity to act legally. While Rechtsfähigkeit is the abstract ability to have rights and duties, Geschäftsfähigkeit concerns the ability to exercise those rights and perform those duties through one's own actions, such as entering into contracts or making legally binding decisions. For instance, a minor has Rechtsfähigkeit, but their Geschäftsfähigkeit may be limited or require representation by a guardian. The concept of Rechtsfähigkeit is crucial for establishing legal order and determining who can be a subject of rights and duties within a legal system.